Kristen Rigsby Smith


Phone (828) 258-2991
Fax (828) 255-0255
University of Memphis
Juris Doctor, 2004
University of Tennessee
Bachelor’s Degree in Business, 2001

Kristen Rigsby Smith is a member of The Van Winkle Law Firm’s Business practice, where she focuses on creditors’ rights and commercial lending. She represents lenders, banks, other financial institutions, and investors in a broad range of transactions, including, without limitation, foreclosures, collections, reformations, title claims, loan workouts, modifications, landlord/tenant issues, fraudulent transfers, partitions, bankruptcy, lender-liability, and general civil litigation matters. In addition, she provides lender counsel for commercial and complex financing transactions. She also represents taxing authorities in a variety of matters, including collections.

Smith has a wide variety of statewide foreclosure experience, including appeals, defending suits for injunction, and trials. She typically represents the lender in foreclosure, but also has significant experience representing and serving as substitute trustee. Smith has extensive experience negotiating and preparing agreements for out-of-court restructuring and workouts prior to or during the collection process, including, without limitation, negotiating and drafting forbearance agreements, settlement agreements, and deeds in lieu of foreclosure.

She represents numerous types of creditors, both secured and unsecured, in consumer and business bankruptcy proceedings statewide. Smith is admitted in the Western, Middle, and Eastern Districts of North Carolina and represents clients in Chapter 7, 11, 12, and 13 bankruptcy cases.

While in law school, Smith was a Court Appointed Special Advocate (CASA) and received the Dean’s “Pro Bono Service Award” for her extensive community service work.

Professional Affiliations
  • 28th Judicial District Bar
  • North Carolina Association of Women Attorneys
  • North Carolina Bar Association
  • North Carolina State Bar
Court Admissions
  • United States District Court
  • Western District of North Carolina
  • Middle District of North Carolina
  • Western District of North Carolina
  • Cherokee Supreme Court, Eastern Band of Cherokee Indians

A native of Cowan, Tenn., Kristen relocated to North Carolina in 2006 with her husband. They have two children and a dog named Mac. As a family, they enjoy camping, attending music festivals, cooking together, and projects around the house.  In her spare time, Kristen enjoys taking pictures and finding old cameras at thrift stores and estate auctions.

Favorite Food:                     Chipotle-Maple Tempeh from Over Easy
Favorite Musicians:              Ben Harper, Emmylou Harris and Eddie Vedder
Favorite Places:                   Shepp’s Ranch in Idaho, Kauai, Hawaii, and the Nantahala Gorge

Community Involvement
  • Locks of Love, Repeat Donor
  • South College, Member of the Legal Studies Advisory Committee